Ajit Kumar @ Bhantu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23065 of 2015 Arising Out of PS.Case No. -115 Year- 2015 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== Ajit Kumar @ Bhantu Yadav .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uma Shankar Singh For the Opposite Party/s : Mr. Ashok Kumar Singh-1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code, Section 40(1) of the Bihar Mines and Minerals Concession Rules, Sections 33, 41 and 42 of The Indian Forest Act and Section 4(1-a), 21(1) of the Mines and Minerals (Development and Regulation) Act which has wrongly been recorded in the FIR as well as in the Impugned order as 4(1-a) and 21(1) of the DE Act.

A truck loaded with stone chips was intercepted when the driver of the truck suggested the name of the petitioner as the owner of the alleged truck.

It is submitted by learned counsel for the petitioner that admittedly the petitioner was not on the truck when it was

Patna High Court Cr.Misc. No.23065 of 2015 (2) dt.17-07-2015 2/2 intercepted and he was not aware about the alleged stones being carried by the driver, though, the driver claimed that it was being transported under a valid challan. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Dehri, Rohtas in connection with Dehri (T) P.S. Case No. 115 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bond of the petitioner will be accepted on filing of the affidavit by the petitioner before the learned court below to the effect that he will regularly co-operate in the investigation. Non-co-operation in the investigation by the petitioner will give liberty to the learned court below to cancel the bail bonds of the petitioner.

(Dinesh Kumar Singh, J) Amrendra/- U T